Ched Evans wins appeal

[Childrenofthestones]

Sorry I can't link but it's on the BBC site.

I cannot begin to imagine what that woman is feeling right now having to go through all this and have her sexual history recounted in public.

Agreed, which is why I wonder whether the CPS should have asked for a retrial when CE cannot serve a single extra day inside if he is again convicted. I hope they asked her views and I hope they told her what it would involve.

As for people spreading her name from outside the UK on social media - worldwide anonymity is only as good as the law in other countries and the willingness to enforce it. There is no law in England to stop a newspaper here from printing the name of a rape complainant in a trial outside the UK, although in practice they don't.

And there are practical limits. Some years ago there was a rape trial here, I will obviously not name anyone even legally, involving a woman whose family were prominent in a certain town in Ireland, and the local paper there gleefully (and lawfully) reported the lurid details, name and all. Now if you know where to look in London and Liverpool and other cities with a big Irish population there are newsagents who sell a huge range of Irish local newspapers, and there is nobody whose job description includes leafing through the Ballymurphy Gazette on the off-chance that it has printed the name of the complainant in a rape trial in England. The paper went on sale here and it is perfectly possible that there were readers who knew the woman.

One of the men she had sex with has stated that in the morning she didn't remember - that surely backs up her account of not remembering.

What the prosecution has quite clearly shown is that the victim, if she did give directions, probably didn't know it was CE.

He did not have a conversation with her, did not know her name and he claims she asked McDonald to perform oral sex on her, McDonald didn't so he did.

Of course there should have been a retrial. Because now, those of us who believe the victim, and have done since it all came out, know the truth. That there was no smoking gun, that the CCRC will overturn cases on the basis of the testimony of two men who have slept with the victim.

Its an immensely valuable lesson for young girls. Not a pleasant lesson, but valuable none the less.

Sorry, should have put women instead of young girls there.

I presume a verdict could be in tomorrow afternoon then. Final statements today along with perhaps the judges summing up tomorrow morning( that seems the longest part from previous trials and seems to take about 15-30 mins per day of trial) before going out around lunch time tomorrow.

This whole thing has been a joke from start to finish.

He was arrested and convicted on the basis of his own words FFS

I initially thought that I really couldn't believe that he been granted permission to appeal, and that there must be some serious evidence of mishandling of the case, that would be argument to Ched not getting the best possible defence (though again couldn't see how as he damned himself with his own statement).

Which so far there doesn't seem to be, that all the 'new' evidence is that (a) She'd had sex before and (b) She had sex after the rape..........
And displaying some massive rape myths that is is a fucking disgrace.

But there is a little wonder in my head if someone one has taken the chance and risked pushed this appeal, knowing that if it wasn't allowed they (Ched supporters) would use the lack of an appeal as 'evidence' of a cover up. If you know what I mean. . . .

I know I was disgusted by what made out to the media the first time and even more so this time, and honestly I would have no problem with convicting him. He's showed by his own words; and actions at the time and since that he has no idea of consent, that he still can not see what he did as being rape, oh and that he raped her.

Spooky, if you are saying what I think you are saying then it is also (sadly) a 'valuable' lesson for young men. :(

I don't know what I'll do if he gets found not guilty.

I feel like something needs to happen. This cannot be allowed.

Has there been much coverage about it in other parts of the media? As in commentators and bloggers etc? Surely they are just as agog as we are?

Just finished reading- that is the end of the live evidence. So those of us who were thinking there must be more: Nope. That's it- she's had sex with other men.

It's utterly depressing, isn't it? This is the 21st century, and we are still dealing with this shit.

I'm angry that a conviction was quashed on this basis. Absolutely furious.

I hope they asked her views and I hope they told her what it would involve.

I hope they asked her, but she will already have known full well how awful it would be. Anyone who has testified against their rapist can tell you that - we know from experience.

She has had to change identity twice, leave her home and support network, be vilified etc... she knows all too well what testifyig against a rapist involves, unfortunately.

I know AyeAmarok. This isn't justice. I really think he'll get off this time. Then he'll probably sue everyone who calls him a rapist for libel. My blood boils.

One of the men she had sex with has stated that in the morning she didn't remember - that surely backs up her account of not remembering.

Yes, giving credence to the defence's version of events - that at the time she presented as a women enthusiastically consenting and wanting sex and uses the phrase 'fuck me harder' or such like and likes to take the lead - yet in the morning, can't remember it.

And when he sues he will win. I bet he contemplates suing this website.

And i bet his girlfreind pops up on some reallity

WomanWithAltitude First time round she was not asked about her sexual life with any other man; this time she was, and I hope the CPS warned her specifically that that would happen. That's all I meant.

He cannot sue anyone for libel who called him a rapist after he was convicted and before the conviction was quashed, even if he is acquitted this week.

I'm hopeful that once again he will be found guilty. No matter what the verdict it will not change how I view him.

Irrespective though I think it's time the rape laws were seriously looked at. Reasonable belief of consent is a complete travesty. We seriously need to get away from No means no and society needs to understand that yes means yes and that without a yes it is rape.

What kind of people are the CCRC and appeal judges that they could genuinely accept that the fact that the victim had had sex before and after the event was important new evidence?

That they were men probably goes without saying. I'd suggest that at least some have a vested interest in acquitting rapists.

There was at least one female judge in the decision to quash the conviction

He hasn't suddenly become a non-rapist, Andrew. I'm angry that this trial is not fair to the victim and women in general and that therefore any libel action would also not be fair, in real terms rather than legal terms. I know what the law is. I didn't mean that he would seek to sue people who said he was a rapist when he was under sentence of rape.

In that case, Andrew, my experience of the CPS is that communication with the victim is dismal, so she may not have been told. As a victim you are told almost nothing before you stand up in court (they are very paranoid about being accused of contaminating your evidence).

he didn't [speak to her], therefore how did he gain consent?

CMcD asked her if CE could joined in and she agreed and then asked CE if he would perform oral sex on her. The fact he seems not to have spoken to her doesn't alter the reality that consent was given to him

Consent = No rape.

No, it's really not difficult

No, I don't think (debatable) second hand 'consent' can be considered as an individual gaining consent.

If CM had asked a third party whether CE could borrow a pen...that seems acceptable.

What you're saying is CE gained consent from his mate for him to stick his penis in a person....this surely points to the fact that CE has no idea what consent is or how to gain it?

They said she agreed and they have a vested interest in saying so.
She doesn't remember. If she was so pissed she didn't have capacity it doesn't matter what she said, they shouldn't have had sex with her.